HomeMy Public PortalAbout2000-59 Approving third amendment to VKB employment agreement with Village Manager, C. Samuel KissingerRESOLUTION NO. 2000-59
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
THIRD AMENDMENT TO VILLAGE OF KEY BISCAYNE
EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER,
C. SAMUEL KISSINGER; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council finds that the approval of the attached Third Amendment
to Village of Key Biscayne Employment Agreement with the Village Manager, C. Samuel Kissinger
(the "Third Amendment to Agreement") is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Third Amendment to Agreement, in substantially the form attached
hereto, is hereby approved and the Mayor is authorized to execute such Third Amendment to
Agreement on behalf of the Village.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 14th day of November , 2000.
ST:
•
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
7
(
JOE I. RASCO
APPROVED AS TO FORM AND LEGAL s I NCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
4-
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered
into this 14th day of November, 2000, between the Village of Key Biscayne (the "Village") and
C. Samuel Kissinger (the "Employee").
WHEREAS, on February 25, 1992, the parties entered into the Employment Agreement
(the "Agreement") providing the terms and conditions of Employee's employment as Village
Manager of Village, and thereafter amended the Agreement on November 19, 1996, and on
August 3, 1999; and
WHEREAS, the parties desire to amend the Agreement as provided in this Third
Amendment to Employment Agreement (the "Amendment to Agreement"); and
WHEREAS, the Agreement, as previously amended and as further amended herein, shall
constitute the Amended Agreement.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL
PROMISES AND COVENANTS CONTAINED HEREIN, THE VILLAGE AND
EMPLOYEE AGREE THAT THE AGREEMENT IS HEREBY AMENDED, AS
PROVIDED IN PARTS A -B BELOW:
PART A. That paragraph (A) of Section 2 of the Agreement entitled "Term of
Employment" is hereby amended to read, in its entirety, as follows:
SECTION 2. TERM OF EMPLOYMENT
(A) Employee's term of employment shall be from November 19, 1996 until June
21, 2001, unless terminated as provided in the Amended Agreement. Three (3) months prior to
the expiration of this Amended Agreement, the Village Council and the Employee shall meet to
discuss the re -negotiation or renewal of this Amended Agreement if requested by either party.
PART B. That Section 3 of the Agreement entitled "Termination by Village and
Severance Pay" is hereby amended, to read, in its entirety, as follows:
(A) In the event that the Employee is terminated by the Village Council during
the term of employment provided by this Third Amendment to Agreement, the Village shall not
be required to pay Employee any severance pay. The Village shall pay to Employee all accrued
compensation due to the Employee as of the date of termination.
VILLAGE AND EMPLOYEE FURTHER AGREE that except as amended by this Third
Amendment to Agreement, that certain Employment Agreement of February 25, 1992, as
previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Village of Key Biscayne as Village and C. Samuel
Kissinger, as Employee, have caused this Agreement to be signed and executed, in duplicate, the
day and year first written above.
VILLAGE OF KEY BISCAYNE C. SAMUEL KISSINGER
BY ITS VILLAGE COUNCIL
l .o J 16
MAYOR --- C. SAMUEL KISS
A
VILLAGE CLERK
APPROVED AS TO FORM:
VILLAGE ATTORNEY
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